www射-国产免费一级-欧美福利-亚洲成人福利-成人一区在线观看-亚州成人

USEUROPEAFRICAASIA 中文雙語(yǔ)Fran?ais
China
Home / China / China

Foreigners working illegally lose some judicial protections

By Chen Xin | China Daily | Updated: 2013-02-01 07:33

As of Feb 1, courts will not protect the labor rights of foreigners working without a work permit, according to an interpretation of labor laws released by the Supreme People's Court, China's top court, on Thursday.

Foreigners without a work permit, even if they are under an employment contract, will not have their "labor relationship" with employers recognized by the court, according to the interpretation.

Foreigners who possess an expert certificate - a license issued by the government to some foreign workers with expertise in their fields - and obtain a work permit designed for foreign experts and are employed in China will benefit from the courts' recognition of their "labor relationship" with employers, read the judicial interpretation.

"Labor relationship" is a legal term, which covers labor rights including social insurance and compensation for work injuries.

As China has deepened its opening-up, an increasing number of foreigners are working in China, and labor disputes involving foreign workers are also on the rise, according to the top court.

Foreigners who do not obtain a work permit are not qualified laborers so they cannot establish labor relations with employers, according to the top court.

Jiang Ying, a labor law professor at the China Institute of Industrial Relations, said labor laws have stated that for a foreigner to work legally in China, they must have a work permit, and the top court's interpretation supports a message of protecting foreigners' legitimate rights when labor disputes occur.

A work visa is a premise to apply for a work permit, according to Chinese laws.

"As China develops, many foreigners come to work without undertaking legal procedures," she said, "That will greatly affect China's job market."

Jiang said her study found many foreigners working in language training institutions do not have a work permit.

"The interpretation would make it harder for foreigners working without a permit to seek protection of their rights because the court will not recognize their labor relationship with employers," she said, "So it would, to some extent, hamper the enthusiasm of foreigners who want to seek illegal employment in China."

However, the interpretation has erased a clause that was in the draft of the interpretation that had been available for public comment. Foreigners who have worked for an employer can get their pay according to their contract, the erased clause read.

A labor rights lawyer, who gave his name as Wang, said the omission of the clause does not mean that foreigners will have less chance of winning a labor dispute.

Companies have to pay the wages if the foreigners have worked for them, regardless of whether they have a work permit or not, as long as they have signed a labor contract, he said.

"But foreigners without a work permit do not have the protection of the 'labor relationship' with the employer in the courts. That means the court may not recognize their labor rights including social insurance, healthcare, compensation for work injury and double pay for overtime."

Zhao Yinan contributed to this story.

chenxin1@chinadaily.com.cn

Editor's picks
Copyright 1995 - . All rights reserved. The content (including but not limited to text, photo, multimedia information, etc) published in this site belongs to China Daily Information Co (CDIC). Without written authorization from CDIC, such content shall not be republished or used in any form. Note: Browsers with 1024*768 or higher resolution are suggested for this site.
License for publishing multimedia online 0108263

Registration Number: 130349
FOLLOW US
主站蜘蛛池模板: 午夜视频一区二区三区 | 免费观看成年人视频 | 久久国产成人亚洲精品影院老金 | 国产精品一级毛片不收费 | 在线一区免费播放 | 深夜福利国产 | 欧美同性videos在线可播放 | 91久久亚洲国产成人精品性色 | 国产亚洲精品一区久久 | 久久99爰这里有精品国产 | 婷婷在线成人免费观看搜索 | 美国一级片在线观看 | 国产成人精品视频午夜 | 亚洲区精品 | 国产亚洲欧美日韩综合综合二区 | 国内视频一区二区 | 色综合久久88色综合天天提莫 | 99精彩免费观看 | 日韩三级在线观看视频 | 精品国产一区二区三区国产馆 | 狠狠色综合久久婷婷 | 免费特黄视频 | 国产成人免费观看在线视频 | 加勒比综合 | 国产三级网站 | 日韩无砖专区体验区 | 三级高清 | 最近最新中文字幕免费的一页 | 在线看免费观看韩国特黄一级 | 香蕉网影院在线观看免费 | 伊人热久久 | a级男女性高爱潮高清试 | 亚洲欧美日韩国产vr在线观 | 亚洲国产字幕 | 国内精品久久久久影院老司 | 俺来也俺来也天天夜夜视频 | 久久久久免费视频 | 国产精品久久久久一区二区 | 69成人做爰视频在线观看 | 亚洲高清无在码在线无弹窗 | 亚洲国产精品一区二区九九 |